A Bi-Weekly Publication Friday January 12, 2006

In This Issue: · “BEACHWALKING” CASE CHALLENGED BY PROPERTY OWNERS · PUBLIC COMMENT PERIOD FOR NONPOINT SOURCE POLLUTION CONTROL REPORT · DEQ/DNR ENVIRONMENTAL RESTORATION POLICY WORK GROUP UPDATE · COMING SOON: NEW MWAC WEBSITE PUBLIC TRUST DOCTRINE CHALLENGED Shoreline property owners are challenging the Michigan Supreme Court decision and asking the U.S Supreme Court to review the “beachwalking” case. Save Our Shoreline (SOS) has filed a Petition for Writ of Certiorari on December 13, 2005 asking the high court to review the July decision that upheld the Public Trust Doctrine recognizing that large bodies of navigable water, including the Great Lakes, are natural resources that belong to the public. In addition, the Court recognized that under Michigan common law, the state “has an obligation to protect and preserve the waters of the Great Lakes and the lands beneath them for the public.” The property owners believe that the Michigan Supreme Court committed a taking of private property in violation of the Constitution. There is no word yet on when the Supreme Court might make a decision on hearing the case. Be sure to check back for future updates as they develop. To view the Save Our Shoreline Petition for Writ of Certiorari, visit http://www.saveourshoreline.org/16487pdfPowersfinal.pdf Look for updates on this critical court case in future MWAC Newsletters. PUBLIC COMMENTS SOUGHT ON NONPOINT SOURCE POLLUTION CONTROL REPORT The Department of Environmental Quality has completed a review of its Nonpoint Source Pollution Control Program and has released its draft reengineering report. The DEQ is now seeking external review of the draft report and is encouraging public comments on the report and its recommendations before February 3, 2006. The draft reengineering report is available on the DEQ's Web site at www.michigan.gov/deqnps; select Draft Reengineering Report under “Information and Education.” The review was conducted by a committee of DEQ staff and external stakeholders and the draft report includes a number of recommendations intended to enhance the department's ability to restore and protect waters impacted by NPS pollution. Comments can be sent to Bob Day, Department of Environmental Quality, Water Bureau, Constitution Hall-Second Floor South, PO Box 30273, Lansing, Michigan 48909-7773, or via e-mail to dayrm@michigan.gov. DEQ/DNR ENVIRONMENTAL POLICY WORK GROUP UPDATE As part of an effort to improve Michigan’s environment, quality of life, and economy, the DEQ and DNR created the DEQ/DNR Restoration Policy Work Group. The Work Group was formed to analyze state regulatory review processes and provide recommendations that would encourage restoration in Michigan while protecting existing aquatic habitats and avoiding unintended adverse impacts. The Work Group met throughout the autumn of 2005 and included agency staff, restoration practitioners, and restoration stakeholders. The Work Group has been diligently working and has come up with twelve recommendations that will improve current processes to help ensure that Michigan is able to take full advantage of the many opportunities to restore the integrity of our wetlands, lakes, streams, and the Great Lakes shoreline. Included within these recommendations is a Memorandum of Understanding to memorialize the partnership and commitment to ecological restoration and to develop a process to expedite permit review for certain categories of restoration projects that have little potential for adverse impacts. We commend the efforts of all who participated in the DEQ/DNR Environmental Policy Work Group and we are hopeful that implementation of some of these recommendations will begin shortly. COMING SOON TO YOU: A NEW AND IMPROVED WEBSITE We are currently working on updating and redesigning the MWAC website to be a valuable resource for Michigan's wetland advocates. I will be sure to let you know when the new and improved site is up and running.

Tip of the Mitt Watershed Council 426 Bay Street , Petoskey, Michigan 49770 Phone: (231) 347-1181 x 114 Fax: (231) 347-5928 Email: jenniferm@watershedcouncil.org Web: http://www.michiganwetlands.org/